Iftekhar Alam @ Iftekhar v. The State Of Bihar

Patna High Court Cr.Misc. No.31532 of 2015 (03) dt.14-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31532 of 2015 Arising Out of PS.Case No. -11 Year- 2008 Thana -BAHADURGANJ District- KISANGANJ ====================================================== Iftekhar Alam @ Iftekhar .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Helal Ahmad--Advocate For the Opposite Party/s : Mr. Khurshid Anwar(A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

For an occurrence committed on 12.08.2007 whereunder, petitioner had raped the complainant, prosecution has been launched on 20.08.2007.

It has been submitted on behalf of petitioner that from the statement of the witnesses, it is evident that both the parties have fallen in love and ultimately, led to consensual physical relationship. So, no case of rape could be identified. On the other hand, learned Additional Public Prosecutor opposed the prayer.

Present case happens to be of the year 2008 and presence of petitioner has been procured after seven years without having explanation coupled with the fact that petitioner happens to

Patna High Court Cr.Misc. No.31532 of 2015 (03) dt.14-10-2015 be the rapist.

Accordingly, prayer for bail is rejected.

However, learned trial Court is directed to expedite the trial.

(Aditya Kumar Trivedi, J) Vikash/- U T